KEY TAKEAWAYS:
1. Understanding neurodiversity is part of a person-centred and procedurally fair approach to a workplace investigation.
2. Investigators can help neurodivergent participants participate fully in an investigation process by adopting practices such as:
- using clear communications
- offering flexible scheduling
- creating sensory-friendly environments
- offering extra processing time in interviews
- recognising and responding to signs of distress
3. Investigators should avoid revealing sensitive health information in findings and reports unless: the participant has disclosed this information; given consent for its inclusion; and the information is directly relevant to matters in contest.
Australian workplaces are increasingly recognising and valuing diversity in all its forms, not only in terms of culture, ethnicity, gender, and ability, but also in the way employee’s brains and minds work.
It is estimated that about 15 to 20 per cent of the global population is neurodivergent. A 2022 Australian survey estimated that 11 per cent of Australian employees are neurodivergent. However, experts suggest the real figure is likely to be higher.
For workplace investigators, understanding neurodiversity and adopting neuroinclusive investigation practices is essential to ensuring accessible, fair, effective, and legally compliant investigations.
What is neurodiversity?
The Australia Disability Network defines neurodiversity as, ‘the umbrella term used to describe the neurological ways that people process information’. They emphasise that neurodivergence includes all those who are neurodivergent and neurotypical; and that neurodivergence ‘occurs for people within all genders, races, cultures, socio-economic groups, and intelligence scales.’
Neurodiverse conditions – such as autism, ADHD and dyslexia – influence how people communicate, process information, and interact with their environment. In the workplace setting, neurodiversity inclusion (or ‘neuroinclusion’) means understanding, accepting and valuing these differences.
In Australia, every employer has a duty of care, under relevant Work Health and Safety Acts, to ensure the health and safety (both physical and psychological) of workers. For neurodivergent workers – who often experience different sensory, communication, or processing challenges, and are more vulnerable to experiencing psychological ill-health – this means proactively creating an environment where they can work well and function safely.
Why neuroinclusion matters in workplace investigations
Participating in a workplace investigation can be difficult and stressful for participants. In anticipation of this reality, investigators are expected to apply a best practice person-centred approach to workplace investigations. Ensuring investigation practices, environments and processes understand, anticipate and meet the needs of individuals engaging with the process should extend to accommodating neurodivergent participants.
Adopting a person-centred (and therefore) neuroinclusive approach:
- recognises that neurodiversity may impact how a participant engages in an investigation and that accommodations may be required to allow them to participate fully
- can improve engagement by participants in the investigation process which is likely to elicit more reliable evidence
- supports procedural fairness, which reduces the risk of investigation outcomes being successfully challenged.
Practical tips for conducting neuroinclusive workplace investigations
Investigators are unlikely to know ahead of time if a participant or participants are neurodiverse. The role of the investigator is to do their best to meet a participant where they are at; that is, be sensitive to their potential needs and provide an environment in which the participant feels comfortable interacting with the investigator. This applies at all stages of the investigation, from initial planning and communications with participants, through to drafting the final report.
Investigators should be prepared to offer reasonable adjustments throughout the investigation process to ensure neurodivergent individuals can participate fully.
#1 – Understand neurodiversity
First and foremost, investigators should:
- familiarise themselves with the various forms of neurodivergence and how they may affect communication and behaviour
- develop an awareness of their own biases and preconceptions
- engage in ongoing professional development to enhance their knowledge and accommodation practices.
#2 – Planning interviews
Many neurodivergent people have a strong preference for certainty, predictability and order. They can also experience difficulties transitioning to new or different environments. In this context, it is important for an investigator to clearly explain the investigation process and give participants adequate time to process this information.
The following strategies may assist:
Provide written information in advance: As with all investigations, from the outset of the process, investigators should take time to explain the investigation process to all participants, preferably in writing. This should include: the purpose of the investigation; what to expect during interview; the types of questions that will be asked; their rights; supports available; timelines; and next steps. This provides clarity and reassurance. This information should be communicated at least 48 – 72 hours before interview.
Identify needs early: Avoid making assumptions and ask participants what accommodations they may need to support them at interview or during the process. Be mindful to use inclusive language (i.e. ‘What adjustments would help you participate fully in this process?’). Active listening and self-advocacy empower neurodivergent individuals to express their preferences openly.
Be flexible and plan for additional time: Neurodivergent participants are likely to need additional time throughout the process. Factor this into the investigation timeline from the beginning.
#2 – Create a safe environment
Creating safe environments for neurodiverse individuals involves being mindful of their:
Sensory sensitivities: Many neurodivergent people have sensory sensitivities that can affect their comfort and focus. Investigators should be aware of the sensory environment during interviews, such as lighting, noise levels, and seating arrangements. Minimise the risk of sensory overload by choosing a quiet space, reducing distractions, and allowing for breaks as needed. Consider encouraging and / or providing noise cancelling headphones and fidget devices to help minimise sensory overload (even leaving pens on the table can assist). A supportive environment can go a long way to supporting neurodivergent individuals feel more at ease and willing to share their recollections and experiences.
Interview locations: Where practicable, give participants the option of choosing the interview location – whether in-person or online. An online option may be less overwhelming. However, for virtual interviews, remember to offer user-friendly digital interfaces. Consider removing digital backgrounds which can trigger or distract some participants.
Right to a support person: Ensure all investigation participants are aware they may be allowed to bring a support person to their interview. This could be a trusted colleague, friend, or family member who can provide emotional support and help facilitate communication.
#3 – Communication strategies
Neurodivergent communication styles can differ from traditional understanding of communication ‘norms’. For example, many have a literal interpretation of language, and therefore experience difficulties with abstract questions. Difficulty interpreting non-verbal communication is also a common feature of many types of neurodivergence. Understanding these differences can help bridge communication gaps and improve inclusivity.
Investigator’s may support participants in several ways:
Use clear and direct communication: In all communications with participants, and at interview, be direct and use clear and specific language. Avoid idioms, jargon, or ambiguous questions that may lead to confusion.
Signpost and provide context: Neurodivergent people rely heavily on context when processing thoughts, understanding situations and explaining things to others. At interview, signpost the order of the interview, and remind participants of progress milestones. Provide as much contextual detail as possible when framing questions. Also, give participants time to ask questions to understand what is being asked of them. Avoid asking more than one question at a time. Multiple questions are confusing for most people. However, run-on questions may be particularly difficult for neurodivergent participants to digest. Keep questions as simply and concise as possible.
Allow processing time: Don’t rush the interview. Pause after each question. Be patient and allow participants extra time to process the question and respond. Be comfortable with pauses. At the start of the interview, ask participants to let you know if they don’t understand a question.
Offer a written response option: Offering a written response option may be easier than a face-to-face interview. This option allows a participant more time to organise their thoughts and can also reduce anxiety and the social pressures of a formal in-person interview.
#4 – Memory and recall support
Many neurodivergent people face executive functioning challenges which can impact their organisational and time management skills, and memory recall.
Investigators can support participants in the following ways:
Use memory aids: Let participants know that they are welcome to refer to documents, emails, diary entries, calendar entries and the like, during interview. Invite participants to bring their laptop or any other materials to interview.
Focus on substance over precision: Avoid pressing for exact times or dates where participants struggle to recall. Instead, ask participants for approximate times, days or months.
Allow follow-up: Always provide participants with the option of providing information after the interview. This can alleviate the pressure of the interview and keeps the door open to additional information.
#5 – Managing distress
Formal investigation settings may trigger and / or heighten anxiety and stress responses in all participants; but, particularly in the neurodivergent population.
Investigators can support participants in the following ways:
Recognise signs of overwhelm: These can include shutdown responses (such as withdrawal and lack of responsiveness); emotional dysregulation (i.e. ‘meltdowns’); repetitive movements (‘stimming’); or verbal difficulties.
Response strategies: When an investigator recognises the signs of overwhelm, they need to promptly intervene, which may include offering an immediate break; reducing sensory input (where relevant); allowing / encouraging movement to promote self-regulation; and rescheduling or relocating the meeting where necessary.
Avoid reading into behaviour or body language: It is critical that an investigator does not adversely interpret a participant’s demeanour as a lack of cooperation. As with any interview, an investigator should avoid trying to interpret a participant’s body language for any reason (other than potentially identifying signs of distress). Instead, focus on verbal and written content only.
#6 – Reporting
When it comes to making and reporting findings, there are several factors an investigator should consider:
Explain the methodology: As a matter of best practice, explain what accommodations were made for neurodiverse participants during the investigation process, and why. These will go towards demonstrating procedural fairness.
Avoid using diagnostic language: Investigation reports should not refer to a participant’s medical or other sensitive information, unless directly relevant to matters in contest, and even then, only if disclosed by the participant and included with their express content. If in doubt, seek advice.
Be careful addressing credibility: Use objective factors only. Avoid relying on demeanour or a participant’s communication style or body language during interview.
More information
Q Workplace Solutions’ team of experienced and legally qualified investigators is trusted by public and private organisations, including ASX-listed companies and government departments, to investigate complex and often highly sensitive allegations of employee wrongdoing. The team also undertakes reviews of organisations, divisions, or units, and provides training, coaching and external advisory support to internal investigators and teams.
Upcoming training
Engaging skilled investigators is a key way to ensure workplace investigations are person-centred and procedurally fair. Visit Q Workplace Training for upcoming training sessions on important topics including trauma-informed interviewing and investigations.
